Breaking a Lease Early in Pennsylvania: What Are My Options?

If you leave without a legal reason

1. 1

   Say you choose to move out early, your lease does not let you, and your landlord has not broken the lease. Then you will likely owe rent until the lease ends or until your landlord rents the home to a new renter. Your landlord does not have to look for a new renter.

   Source:

   1. Part V.A, Early Termination, Pennsylvania Office of Attorney General. A government guide.
2. 2

   For example, say you have 6 months left on your lease at $1,000 a month. You move out early without a legal reason. Your landlord rents the home to a new renter after 2 months. You would likely owe about $2,000. If no new renter comes, you would likely owe up to $6,000.

   Sources:

   1. Our editorial rules.
   2. Part V.A, Early Termination, Pennsylvania Office of Attorney General. A government guide.
   Tip.

   This is only an example to show how the rule works. If it goes to court, a court decides the real amount.

When you can leave early

3. 3

   No law gives you a general right to end your lease early, and many leases do not allow it.

   Source:

   1. Part V.A, Early Termination, Pennsylvania Office of Attorney General. A government guide.
   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

   From Pennsylvania Office of Attorney General.
4. 4

   If your landlord does something wrong that stops you from using your home, tell your landlord and give them a reasonable time to fix it. If they do not fix it and you then move out, that is called a constructive eviction (being forced out by your landlord).

   Source:

   1. Part IV.D, Quiet Enjoyment, Pennsylvania Office of Attorney General. A government guide.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   From PALawHELP.org (Housing Code Fact Sheet).
   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

   From Pennsylvania Office of Attorney General.
   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

5. 5

   Courts say the problem must be serious and take away the use of part or all of your home. You must move out within a reasonable time. If you stay in the whole home, it is not a constructive eviction (being forced out by your landlord).

   Source:

   1. 345 Pa. Super. 595, Superior Court of Pennsylvania. A court decision.
6. 6

   A home is not fit to live in if, for example, it has no heat in winter or no hot or cold running water. Other examples are no working toilets or drains, rats or mice, a leaking roof, unsafe floors or stairs, and broken locks on doors and windows.

   Source:

   1. Part IV.C, Maintenance, Pennsylvania Office of Attorney General. A government guide.

After you move out

7. 7

   The law gives your landlord 30 days to send you a written list of damage and the rest of your deposit. The 30 days start when the lease ends or when you hand the home back, whichever comes first. Your landlord may keep deposit money for unpaid rent or broken lease terms. If the list is late, your landlord cannot keep any of the deposit or sue you for damage.

   Sources:

   1. Our editorial rules.
   2. 68 P.S. § 250.512(a), Pennsylvania General Assembly. Law.
8. 8

   To get your deposit back, give your landlord your new address in writing and return your keys when you move out. If you do not give your new address, your landlord does not have to follow the deposit rules.

   Sources:

   1. 68 P.S. § 250.512(e), Pennsylvania General Assembly. Law.
   2. Part V.B, p. 11, Pennsylvania Office of Attorney General. A government guide.
   Tip.

   Before you leave, clean the home and take photos of how you left it.

   From Pennsylvania Office of Attorney General.
9. 9

   If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back and say so. Then the collector must stop trying to get that money until it answers you.

   Sources:

   1. Our editorial rules.
   2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
   3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
10. 10

    Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt.

    Source:

    1. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
    Tip.

    If you get court papers, do not ignore them. Go to court, or you can lose the case.

    From Consumer Financial Protection Bureau.